4730.32
Reporting disciplinary proceedings.

(A)
Within sixty days after the imposition of any formal disciplinary action taken
by a health care facility against any individual holding a valid certificate to
practice as a physician assistant, the chief administrator or executive officer
of the facility shall report to the state medical board the name of the
individual, the action taken by the facility, and a summary of the underlying
facts leading to the action taken. Upon request, the board shall be provided
certified copies of the patient records that were the basis for the facility's
action. Prior to release to the board, the summary shall be approved by the
peer review committee that reviewed the case or by the governing board of the
facility. The filing of a report with the board or decision not to file a
report, investigation by the board, or any disciplinary action taken by the
board, does not preclude a health care facility from taking disciplinary action
against a physician assistant. In the absence of fraud or bad faith, no
individual or entity that provides patient records to the board shall be liable
in damages to any person as a result of providing the records.

(B)
A physician assistant, professional
association or society of physician assistants, physician, or professional
association or society of physicians that believes a violation of any provision
of this chapter, Chapter 4731. of the Revised Code, or rule of the board has
occurred shall report to the board the information upon which the belief is
based. This division does not require any treatment provider approved by the
board under section
4731.25 of the Revised Code or any
employee, agent, or representative of such a provider to make reports with
respect to a physician assistant participating in treatment or aftercare for
substance abuse as long as the physician assistant maintains participation in
accordance with the requirements of section
4731.25 of the Revised Code and
the treatment provider or employee, agent, or representative of the provider
has no reason to believe that the physician assistant has violated any
provision of this chapter or rule adopted under it, other than being impaired
by alcohol, drugs, or other substances. This division does not require
reporting by any member of an impaired practitioner committee established by a
health care facility or by any representative or agent of a committee or
program sponsored by a professional association or society of physician
assistants to provide peer assistance to physician assistants with substance
abuse problems with respect to a physician assistant who has been referred for
examination to a treatment program approved by the board under section
4731.25 of the Revised Code if the
physician assistant cooperates with the referral for examination and with any
determination that the physician assistant should enter treatment and as long
as the committee member, representative, or agent has no reason to believe that
the physician assistant has ceased to participate in the treatment program in
accordance with section
4731.25 of the Revised Code or has
violated any provision of this chapter or rule adopted under it, other than
being impaired by alcohol, drugs, or other substances.

(C)
Any professional association or society
composed primarily of physician assistants that suspends or revokes an
individual's membership for violations of professional ethics, or for reasons
of professional incompetence or professional malpractice, within sixty days
after a final decision, shall report to the board, on forms prescribed and
provided by the board, the name of the individual, the action taken by the
professional organization, and a summary of the underlying facts leading to the
action taken. The filing or nonfiling of a report with the board, investigation
by the board, or any disciplinary action taken by the board, shall not preclude
a professional organization from taking disciplinary action against a physician
assistant.

(D)
Any insurer
providing professional liability insurance to any person holding a valid
certificate to practice as a physician assistant or any other entity that seeks
to indemnify the professional liability of a physician assistant shall notify
the board within thirty days after the final disposition of any written claim
for damages where such disposition results in a payment exceeding twenty-five
thousand dollars. The notice shall contain the following information:

(5)
If applicable,
the identity of the court in which the final disposition of the claim took
place.

(E)
The board
may investigate possible violations of this chapter or the rules adopted under
it that are brought to its attention as a result of the reporting requirements
of this section, except that the board shall conduct an investigation if a
possible violation involves repeated malpractice. As used in this division,
"repeated malpractice" means three or more claims for malpractice within the
previous five-year period, each resulting in a judgment or settlement in excess
of twenty-five thousand dollars in favor of the claimant, and each involving
negligent conduct by the physician assistant.

(F)
All summaries, reports, and records
received and maintained by the board pursuant to this section shall be held in
confidence and shall not be subject to discovery or introduction in evidence in
any federal or state civil action involving a physician assistant, supervising
physician, or health care facility arising out of matters that are the subject
of the reporting required by this section. The board may use the information
obtained only as the basis for an investigation, as evidence in a disciplinary
hearing against a physician assistant or supervising physician, or in any
subsequent trial or appeal of a board action or order. The board may disclose
the summaries and reports it receives under this section only to health care
facility committees within or outside this state that are involved in
credentialing or recredentialing a physician assistant or supervising physician
or reviewing their privilege to practice within a particular facility. The
board shall indicate whether or not the information has been verified.
Information transmitted by the board shall be subject to the same
confidentiality provisions as when maintained by the board.

(G)
Except for reports filed by an individual
pursuant to division (B) of this section, the board shall send a copy of any
reports or summaries it receives pursuant to this section to the physician
assistant. The physician assistant shall have the right to file a statement
with the board concerning the correctness or relevance of the information. The
statement shall at all times accompany that part of the record in contention.

(H)
An individual or entity that
reports to the board or refers an impaired physician assistant to a treatment
provider approved by the board under section
4731.25 of the Revised Code shall
not be subject to suit for civil damages as a result of the report, referral,
or provision of the information.

(I)
In the absence of fraud or bad faith, a
professional association or society of physician assistants that sponsors a
committee or program to provide peer assistance to a physician assistant with
substance abuse problems, a representative or agent of such a committee or
program, and a member of the state medical board shall not be held liable in
damages to any person by reason of actions taken to refer a physician assistant
to a treatment provider approved under section
4731.25 of the Revised Code for
examination or treatment.